نوع مقاله : پژوهشی
1 قاضی دادگستری، دانشجوی دکتری حقوق خصوصی، دانشکدۀ حقوق، دانشگاه تربیت مدرس، تهران، ایران
2 دانشیار گروه حقوق خصوصی، دانشکدۀ حقوق، دانشگاه تربیت مدرس، تهران، ایران
عنوان مقاله [English]
In order to implement public projects which are carried out by the executive systems, apart from the ownership, the owners of the property in these projects' realm may be affected by the implementation of public projects. The question is whether the executive system can be held liable for such damages? This is one of the most important issues in many countries, which has sometimes been overlooked. In the present article, this issue has been studied in an analytical and comparative manner in the Iranian judicial procedure. In general, British law's spoken about three types of damages: damages resulting from the ownership of a part of the property; damages resulting from the type of work and exploitation of the project and damages resulting from the deprivation (disturbance) of rights. Determining the compensation in the first case is done on the base of three rules of concurrent value or value reduction and the rule of before and after, and in the second case is based on the method of payment of damages in the scope of civil liability and in the third case, is based on the evaluation of relocation costs or completion of business activities. Iranian law and judicial precedent have no corresponding rules regarding the damages of the first and second types, and the judicial procedure does not provide a clear criterion for damages of the third type. In some cases, determining the compensation is subject to the agreement of the parties or to the extent of definite damages. However, it seems that in Iranian law, based on accepted rules and principles, it's possible to provide acceptable justification for the application of rules in British law.
http://centaur.reading.ac.uk/21404/1/0301.pdf (last visited on 11/02/ 2020).
http://www.fao.org/3/a-i0470t.pdf (last visited on 27/03/ 2020).